Bubenchik guilty on five of seven counts

It took a jury two hours in Stark County Common Pleas Court to reach a verdict in the case of a Massillon man accused of shooting at police from his home in August.

BY Christina McCuneIndependent staff writer

A Massillon man was convicted Thursday of attempted murder and other charges for shooting at police officers who came to his home in August.

Steven P. Bubenchik will return to court Monday for a hearing on associated charges and additional rape allegations the jury did not hear.

The Stark County Common Pleas jury listened to several days of testimony and deliberated for about two hours Thursday before announcing its decision. The panel found the 40-year-old guilty of one count of attempted murder and three counts of felonious assault and accompanying weapons specifications.

Bubenchik was acquitted of two attempted murder charges related to the shooting. He bowed his head but did not show emotion as the verdicts were read.

The attempted murder and felonious assault charges are all first-degree felonies that each bring a potential prison term of three to 11 years, meaning Bubenchik faces decades in prison.

"We are satisfied with the jury's verdict," Assistant Stark County Prosecutor Chryssa Hartnett said. "I can see the logic in their decision. The evidence was slightly different as to each of the three officers."

The charges centered on three of the officers who responded to Bubenchik's Geiger Avenue SW home on Aug. 8.

The attempted murder evidence relating to one, David McConnell, may have been more apparent — a bullet that shattered the window and a bullet that lodged in the passenger seat of the cruiser — than the testimony tied to the other officers, Miguel Riccio and Sgt. Kenneth Smith.

Judge Taryn Heath will have a hearing Monday to address repeat violent offender specifications, charges that could add to Bubenchik's sentence. She also could set a trial date for two rape charges included in Bubenchik's indictment. The judge previously agreed with the defense contention that the shooting incident was separate from the rape allegations, which involve minors. The jury was not made aware of the rape charges during the trial.

BUBENCHIK TESTIMONY

Bubenchik took the stand Thursday and claimed he didn't realize police had entered his home. He accused them of lying during their testimony.

Bubenchik said he was awakened from a deep sleep after an evening of drinking and smoking marijuana when Riccio was in his home.

Bubenchik said he did not hear anyone knocking or yelling for him. He just heard the thud of a window closing and he thought someone was invading his home.

"If I would've known it was an officer that entered my house, I would've never brought that gun out," Bubenchik said.

According to earlier testimony, police went to Bubenchik's home that evening in response to a call from Bubenchik's estranged wife, who was concerned he may kill himself.

Police said they pounded on Bubenchik's door and yelled his name. They also brought Bubenchik's father and stepmother to the scene to try to make contact. Police left for a few minutes so the parents could try to reach him, and then police returned.

Riccio testified on Tuesday that he went through an unlocked window and announced his presence and then went to the door to let other officers in. Other officers who testified also said Riccio announced his presence.

Bubenchik's brother, Ted, was also in the house but Bubenchik said he could hear him snoring so he thought the sound he heard was an intruder. Bubenchik left his second-floor bedroom and went to the top of the stairs.

"I look down and I seen this bald-headed gentleman dressed in black opening my door," Bubenchik testified. "I let off a warning shot for the person to get out of my house."

Ted Bubenchik left the house and police tried to take him into custody, not realizing he was not the shooter. Steven Bubenchik then continued to fire shots from an upstairs window.

Bubenchik said police cruisers were positioned differently than officers testified. He said he only shot at a car out of frustration about not getting to see his children.

Bubenchik disputed evidence that was shown in photographs and he denied shooting McConnell's cruiser.

But the prosecution showed where a bullet had struck the seat near the head rest.

"If that had been his partner, Dennis Smith, he would've taken one in the throat," Hartnett said during her final arguments.

None of the charges were tied to Dennis Smith.

Bubenchik was not allowed to have a firearm because of prior convictions in 1994 for aggravated burglary, felonious assault, carrying concealed weapons and escape. Jurors hearing the latest allegations also convicted him of a related weapons charge tied to those convictions.